How does the law regulate the manufacture of counterfeit drugs?

In Hawaii, the manufacture of counterfeit drugs is regulated under a number of laws. Firstly, the Hawaii Revised Statutes (HRS) Chapter 486-F specifically prohibits the manufacture and distribution of counterfeit drugs. If any person is found to be knowingly making, manufacturing or selling counterfeit drugs, they can be fined and imprisoned. Hawaii is also one of several states that enacted the Drug Quality & Security Act (DQSA). Under the DQSA, any person who knowingly manufactures, distributes, sells, dispenses, or otherwise transfers counterfeit drugs, or a counterfeit device, is guilty of a felony and can be fined or imprisoned. The FDA also has the authority to investigate and prosecute counterfeit drug manufacturers under the Federal Food, Drug and Cosmetic Act (FD&C). If an individual is found to be manufacturing a counterfeit drug, the FDA may impose an injunction, a fine, or both. The FDA will also work with local and federal law enforcement to investigate and bring charges against counterfeit drug manufacturers. Lastly, the Controlled Substances Act (CSA) prohibits the manufacture and distribution of any controlled drugs, including counterfeit drugs. The penalties for violating this act depend upon the amount of the drug, the use of the drug, and the intent of the defendant. In short, Hawaii, like other states, is committed to stopping the manufacture of counterfeit drugs and has a number of laws in place to do so. People who are found to be engaged in this illegal behavior can be fined, imprisoned, and have their assets seized.

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